With the prevailing volcano ash cloud still disrupting UK air travel, the REC's legal team has responded to the question currently being asked: do agencies and employers have to pay their staff if they are still stranded abroad and unable to return to work?

In short, in the absence of a specific contractual provision to the contrary, an employer is not required to pay an employee who does not attend work, even if the reason is beyond the employee's control.

However it may be reasonable for employer to consider, for example permitting the employee to use existing holiday entitlement to cover the period. Depending on the nature of the work, some employees may even be able to continue to work while stranded, if for instance they are armed with a laptop and have internet access and this is mutually convenient. In this case the employer should have no issue in paying the employee during this period.

Some employers may in any case agree to continue paying an absent employee for a limited period of time, but if doing so, should make it clear that this is being done on a discretionary basis to avoid setting a precedent for future similar events.

In contrast, employees who are stranded abroad due to a business trip, are likely to be entitled to be paid during the period of absence, unless there is anything in the contract to the contrary.

It is important for employees who have been stranded abroad to contact their employers as soon as possible.

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